Salazar v. Sullivan, et al.

Filing 37

ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS and ORDER DENYING 26 Defendants' Motion to Dismiss signed by District Judge Anthony W. Ishii on 3/20/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDDIE SALAZAR,

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CASE No. 1:09-cv-2264-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION DENYING
DEFENDANTS’ MOTION TO DISMISS

Plaintiff,

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v.
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(ECF Nos. 26, 36)
SULLIVAN, et al.,

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Defendants.

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/

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On December 31, 2009, Plaintiff Eddie Salazar, a state prisoner proceeding pro

22 se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983.
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(ECF No. 1.) The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. 636(b)(1)(B) and Local Rule 302 of the United States District Court for the
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Eastern District of California.

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On February 1, 2013, Findings and Recommendation were filed in which the
Magistrate Judge recommended that Defendants’ Motion to Dismiss (ECF No. 26) be
denied. (ECF No. 36.)

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The parties were notified that objection, if any, was due within fourteen days after
service. No party filed an objection to the Findings and Recommendation.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has

8 conducted a de novo review of this case. Having carefully reviewed the entire file, the
9 Court finds the Findings and Recommendation to be supported by the record and by
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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
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2013, (ECF No. 36) in full; and

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The Court adopts the Findings and Recommendation filed February 1,

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Defendants’ Motion to Dismiss (ECF No. 26) is DENIED.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 20, 2013
SENIOR DISTRICT JUDGE

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